Antill Ranger and Co Pty Ltd v Commissioner for Motor Transport [1955] HCA 25

'Appl British American Tobacco Aust vivestern Australia 2003) 77 LIR 1566

93 C.L.R.' OF AUSTRALIA. 83

(HIGH COURT OF AUSTRALIA.]

ANTILL RANGER & COMPANY = PLAINTIFF ;

PRIETARY LIMITED

AND

COMMISSIONER FOR MOTOR TRANSPORT DEFENDANT.

DEACON . = . . 5 2 : . PLAINTIFF ;

AND

GRIMSHAW_. 5 : a : 5 é Drrenpanv.

EDMUND T. LENNON same

LIMITED PLAINTIFF ;

AND

THE STATE OF NEW SOUTH WALES AND fluence OTHERS : =

Constitutional Law (Cth.)—Freedom of inter-State trade commerce and intercourse— 4. (, or A. State statute—Validity—Moneys collected in respect of operation of public motor 1955, vehicles in course of inter-State trade—Invalidity of statute authorizing collection— =~ Payments made under protest—Claim to recover moneys so paid—Enactment by SYDNEY, State of statute extinguishing causes of action and barring remedies—Validity— March 24, 25, The Constitution (63 d& 64 Vict. c. 12), 8. 92—State Transport (Co-ordination) 28;

Act 1931-1952 (No. 32 of 1931—No. 24 of 1952) (N.S.W.), 88. 18 (4), (5) 37, yer pounnn 47—State Transport Co-ordination (Barring of Claims and Remedies) Act 1954 yn, 9.

(N.S.W.), 88. 2, 3, 4 Judiciary Act 1903-1950 (No. 6 of 1903—No. 80 of 1950),

Di CJ., 8. 58. Metierniai Section 3 of the State Transport Co-ordination (Barring of Olaima and Wlams.

Remedies) Act 1954, which purports to extinguish as against the State of New iiilaeat,

South Wales or its authorized officials every cause of action (a) for the recovery T4¥lor JJ. of any sum of money collected pursuant to s. 18 (4) or (5) or s. 37 of the State

H.C. or A.

1955. ed ANTILE RaNcER & Co. Pry. Lrp. v. Commas- SIONER FOR Moror

'TRANSPORT.

HIGH COURT [1955.

Transport (Co-ordination) Act 1931-1952 in relation to the operation of any public motor vehicle in the course of or for the purposes of inter-State trade before the commencement of such Act or (b) for any act done in the execution of the State Transport (Co-ordination) Act in relation to the operation of any public motor vehicle in the course of inter-State trade, and s. 4 of such Act, which purports to bar any action suit claim or demand against such State or its authorized officials in respect of any of the matters referred to in s. 3 above-mentioned infringe s. 92 of the Constitution.